Kamlesh Kumar Singh and 5 Others v. State of U.P. and Another

Court No. - 86 Case :- APPLICATION U/S 482 No. - 35023 of 2023 Applicant :- Kamlesh Kumar Singh And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nagendra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.

¶1Vakalatnama alongwith AfÏdavit filed by Shri A.K. Srivastava, on behalf of O.P. No.2 is taken on record.

¶2Heard learned counsel for the applicants, learned counsel for O.P. No.2 and learned AGA for the State and perused the record.

¶3This application under Section 482 Cr.P.C. has been filed with the prayer to quash the summoning order dated 19.8.2013 passed in Final Report No. 26/2012 (Shivcharan Vs. Kamlesh and others), arising out of case crime no. 73 of 2012, u/s 420, 467, 468, 471 I.P.C. P.S. Datganj, District Budaun, pending in the court of Additional Chief Judicial Magistrate-2nd, Budaun.

¶4Learned counsel for the applicants has submitted that on account of dispute over a piece of agricultural land, the instant criminal case was registered against the applicants. However, with the intervention of respected members of both the families, they have settled all their disputes and differences and now they do not have any grievance against each other.

¶5Learned counsel for the applicants has next drawn the attention of the Court to the settlement agreement dated 28.4.2023 drawn between the parties, copy of which has been filed as Annexure No. 6 to the application.

¶6Learned counsel for the applicants has next submitted that in view of the said compromise made between the parties and in order to maintain harmonious and cordial relation between them, the entire criminal proceedings be quashed.

¶7Learned counsel for O.P. No. 2 has also appeared and has filed an afÏdavit on behalf of O.P. No.2. In para 2 of the afÏdavit, the compromise has been acknowledged and it is further stated that in view of the compromise, O.P. No.2 does not want to further prosecute the applicants and in para 3 of the afÏdavit, it has been stated that O.P. No.2 has no objection, if the entire proceedings are quashed.

¶8This Court is not unmindful of the judgement of the Hon'ble Apex Court passed in the case of Narindra Singh and others Vs. State of Punjab,

(2014) 6 SCC 466, Parbatbhai Aahir Vs. State of Gujarat, (2017) 9 SCC 641 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and non compoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by Hon'ble Apex Court in the aforesaid cases has been explained in detail.

¶9Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

¶10Accordingly, entire proceedings of case No. 1066 of 2013, (Shivcharan Vs. Kamlesh and others) arising out of case crime no. 73 of 2012, under section 420, 467, 468, 471 I.P.C., P.S. Dataganj, District Budaun, pending in the court of A.C.J.M-2nd, District Budaun are hereby quashed. This application under Section 482 Cr.PC is accordingly allowed. Order Date :- 6.11.2023 R High Court of Judicature at Allahabad